NGUYEN THI HOA V. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

[2025] HKCA 99 Court of Appeal 3 February 2025 • CAMP119/2024 • 3 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Leave to appeal refused

leave to appeal is refused and the Notice of Motion is dismissed.

Source: [2025] HKCA 99, Court of Appeal, decided 3 February 2025. Read directly from the judgment.

Judges (2)

Au Coram Chow Coram

Parties (3)

Director of Immigration Putative Interested Party Torture Claims Appeal Board / Non-Refoulement Claims Petition Office Putative Respondent Nguyen Thi Hoa Applicant

Case Significance

Nguyen Thi Hoa v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 99 is a Court of Appeal decision dated 3 February 2025 concerning section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance. The Court held that 'leave to appeal is refused and the Notice of Motion is dismissed.' The non-refoulement claim had earlier been considered in Nguyen Thi Hoa v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 651 and [2024] HKCFI 1619.

Summary

Nguyen Thi Hoa applied for leave to appeal to the Court of Final Appeal after the Court of Appeal dismissed her appeal against the refusal of leave for judicial review of her non-refoulement claim. The applicant's allegations were bare general assertions without particulars, and she failed to identify any error in the CA judgment. The application for leave to appeal was refused.

What did the Court of Appeal rule on the Notice of Motion in Nguyen Thi Hoa v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2025] HKCA 99?

Applying section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, the Court of Appeal held that leave to appeal is refused and the Notice of Motion is dismissed, following the applicant's earlier proceedings in [2024] HKCFI 651 and [2024] HKCFI 1619.